HCR 2011

A CONCURRENT RESOLUTION

proposing an amendment to the constitution of Arizona; amending article IX, sections 17 and 21, constitution of Arizona; relating to expenditures for higher education.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Article IX, section 17, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

CONST17. Economic estimates commission; appropriation limitation; powers and duties of commission; exception

Section 17. (1) A. The economic estimates commission shall be established by law, with a membership of not to exceed three members, and shall determine and publish prior to before February 1 of each year the estimated total personal income for the following fiscal year. By April 1 of each year, the commission shall determine and publish a final estimate of the total personal income for the following fiscal year, which estimate shall be used in computing the appropriations limit for the legislature. For the purposes of this section, "total personal income" means the dollar amount that will be reported as total income by persons for the state of Arizona by the U. S. United States department of commerce or its successor agency.

(2) B. For the purposes of this section, "state revenues":

(a) 1. Include Includes all monies, revenues, fees, fines, penalties, funds, tuitions, property and receipts of any kind whatsoever received by or for the account of the this state or any of its agencies, departments, offices, boards, commissions, authorities, councils and insitutions institutions except as provided in this subsection.

(b) 2. Do Does not include:

(i) (a) Any amounts or property received from the issuance or incurrence of bonds or other lawful long-term obligations issued or incurred for a specific purpose. For the purpose purposes of this subdivision, long-term obligations shall does not include warrants issued in the ordinary course of operation or registered for payment by the this state.

(ii) (b) Any amounts or property received as payment of dividends or interest.

(iii) (c) Any amounts or property received by the this state in the capacity of trustee, custodian or agent.

(iv) (d) Any amounts received from employers for deposit in the unemployment compensation fund or any successor fund.

(v) (e) Any amounts collected by the this state for distribution to counties, cities and towns without specific restrictions on the use of the funds monies other than the restrictions included in section 14 of this article.

(vi) (f) Any amounts received as grants, aid, contributions or gifts of any type, except voluntary contributions or other contributions received directly or indirectly in lieu of taxes.

(vii) (g) Any amounts received as the proceeds from the sale, lease or redemption of property or as consideration for services or the use of property.

(viii) (h) Any amounts received pursuant to a transfer during a fiscal year from another agency, department, office, board, commission, authority, council or institution of the this state which that were included as state revenues for such fiscal year or which that are excluded from state revenue under other provisions of this subsection.

(ix) (i) Any amounts attributable to an increase in the rates of tax subsequent to July 1, 1979 on vehicle users, gasoline and diesel fuel which that were levied on July 1, 1979.

(x) (j) Any amounts received during a fiscal year as refunds, reimbursements or other recoveries of amounts appropriated which that were applied against the appropriation limitation for such fiscal year or which that were excluded from state revenues under other provisions of this subsection.

(3) C. The legislature shall not appropriate for any fiscal year state revenues in excess of seven per cent percent of the total personal income of the state for that fiscal year as determined by the economic estimates commission. The limitation may be exceeded upon on an affirmative vote of two-thirds of the membership of each house of the legislature on each measure that appropriates amounts in excess of the limitation. If the legislature authorizes a specific dollar amount of appropriation for more than one fiscal year, for the purpose of measuring such appropriation against the appropriation limitation, the entire amount appropriated shall be applied against the limitation in the first fiscal year during which any expenditures are authorized, and in no other fiscal year.

D. Beginning fiscal year 2027-2028, the appropriation limitation determined pursuant to this section does not apply to any appropriations made to community college districts or universities under the jurisdiction of the Arizona board of regents.

(4) E. In order to permit allow the transference of governmental functions or funding responsibilities between the federal and state governments and between the state government and its political subdivisions without abridging the purpose of this section to limit state appropriations to a percentage of total personal income, the legislature shall provide for adjustments of the appropriation percentage limitation consistent with the following principles:

(a) 1. If the federal government assumes all or any part of the cost of providing a governmental function which the that this state previously funded in whole or in part, the appropriation limitation shall be commensurately decreased.

(b) 2. If the federal government requires the this state to assume all or any part of the cost of providing a governmental function the appropriation limitation shall be commensurately increased.

(c) 3. If the this state assumes all or any part of the cost of providing a governmental function and the this state requires the political subdivision, which previously funded all or any part of the cost of the function to commensurately decrease its tax revenues, the appropriation percentage limitation shall be commensurately increased.

(d) 4. If a political subdivision assumes all or any part of the cost of providing a governmental function previously funded in whole or in part by the this state, the appropriation percentage limitation shall be commensurately decreased.

Any adjustments made pursuant to this subsection shall be made for the first fiscal year of the assumption of the cost. Such the adjustment shall remain in effect for each subsequent fiscal year. CONST

2. Article IX, section 21, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE21. Expenditure limitations for school districts; definitions

Section 21. (1) The economic estimates commission shall determine and publish prior to April 1 of each year the expenditure limitation for the following fiscal year for each community college district. The expenditure limitations shall be determined by adjusting the amount of expenditures of local revenues for each such district for fiscal year 1979-1980 to reflect the changes in the student population of each district and the cost of living. The governing board of any community college district shall not authorize expenditures of local revenues in excess of the limitation prescribed in this section, except in the manner provided by law.

(2) A. The economic estimates commission shall determine and publish prior to May 1 of each year the aggregate expenditure limitation for all school districts for the following fiscal year. The aggregate expenditure limitation shall be determined by adjusting the total amount of expenditures of local revenues for all school districts for fiscal year 1979-1980 to reflect the changes in student population in the school districts and the cost of living, and multiplying the result by 1.10. The aggregate expenditures of local revenues for all school districts shall not exceed the limitation prescribed in this section, except as provided in subsection (3) B of this section.

(3) B. Expenditures in excess of the limitation determined pursuant to subsection (2) A of this section may be authorized by the legislature for a single fiscal year, by concurrent resolution, upon on the affirmative vote of two-thirds of the membership of each house of the legislature.

(4) C. As used in for the purposes of this section:

(a) 1. "Cost of living" means either:

(i) (a) The price of goods and services as measured by the implicit price deflator for the gross national product or its successor as reported by the United States department of commerce, or its successor agency.

(ii) (b) A different measure or index of the cost of living adopted at the direction of the legislature, by concurrent resolution, upon on the affirmative vote of two-thirds of the membership of each house of the legislature. Such a measure or index shall apply for subsequent fiscal years, except it shall not apply for the fiscal year following the adoption of such the measure or index if the measure or index is adopted after March 1 of the preceding fiscal year.

(b) 2. "Expenditure" means any amounts budgeted to be paid from local revenues as prescribed by law.

(c) 3. "Local revenues" includes all monies, revenues, funds, property and receipts of any kind whatsoever received by or for the account of a school district or community college district or any of its agencies, departments, offices, boards, commissions, authorities, councils and institutions, except:

(i) (a) Any amounts or property received from the issuance or incurrence of bonds, or other lawful long-term obligations issued or incurred for a specific purpose, or any amounts or property collected or segregated to make payments or deposits required by a contract concerning such bonds or obligations. For the purpose purposes of this subdivision, long-term obligations shall not include warrants issued in the ordinary course of operation or registered for payment by a political subdivision.

(ii) (b) Any amounts or property received as payment of dividends and interest, or any gain on the sale or redemption of investment securities, the purchase of which is authorized by law.

(iii) (c) Any amounts or property received by a school district or community college district in the capacity of trustee, custodian or agent.

(iv) (d) Any amounts received as grants and aid of any type received from the federal government or any of its agencies except school assistance in federally affected areas.

(v) (e) Any amounts or property received as grants, gifts, aid or contributions of any type except amounts received directly or indirectly in lieu of taxes received directly or indirectly from any private agency or organization, or any individual.

(vi) (f) Any amounts received from the this state for the purpose of purchasing land, buildings or improvements or constructing buildings or improvements.

(vii) (g) Any amounts received pursuant to a transfer during a fiscal year from another agency, department, office, board, commission, authority, council or institution of the same community college district or school district which that were included as local revenues for such fiscal year or which that are excluded from local revenue under other provisions of this subsection.

(viii) (h) Any amounts or property accumulated by a community college district for the purpose of purchasing land, buildings or improvements or constructing buildings or improvements.

(ix) (i) Any amounts received in return for goods or services pursuant to a contract with another political subdivision, or school district, community college district or the this state and expended by the other political subdivision, or school district, community college district or the this state pursuant to the expenditure limitation in effect when the amounts are expended by the other political subdivision, or school district, community college district or the this state.

(x) (j) Any amounts received as tuition or fees directly or indirectly from any public or private agency or organization or any individual.

(xi) (k) Any ad valorem taxes received pursuant to an election to exceed the limitation prescribed by section 19 of this article or for the purposes of funding expenditures in excess of the expenditure limitations prescribed by subsection (7) E of this section.

(xii) (l) Any amounts received during a fiscal year as refunds, reimbursements or other recoveries of amounts expended which that were applied against the expenditure limitation for such fiscal year or which that were excluded from local revenues under other provisions of this subsection.

(d) 4. For the purpose of subsection (2) A of this section, the following items are also excluded from local revenues of school districts:

(i) (a) Any amounts received as the proceeds from the sale, lease or rental of school property as authorized by law.

(ii) (b) Any amounts received from the capital levy as authorized by law.

(iii) (c) Any amounts received from the acquisition, operation, or maintenance of school services of a commercial nature which are entirely or predominantly self-supporting.

(iv) (d) Any amounts received for the purpose of funding expenditures authorized in the event of destruction of or damage to the facilities of a school district as authorized by law.

(v) (e) Any revenues derived from an additional state transaction privilege tax rate increment for educational purposes that was authorized by the voters before January 1, 2001.

(vi) (f) Any amounts received pursuant to article XI, section 8, Constitution of Arizona, that are approved by the majority of qualified voters at a statewide general election held after November 1, 2002, and before January 1, 2003.

(e) 5. "Student population" means the number of actual, full-time or the equivalent of actual full-time students enrolled in the school district or community college district determined in a manner prescribed by law.

(5) D. The economic estimates commission shall adjust the amount of expenditures of local revenues in fiscal year 1979-1980, as used to determine the expenditure limitation pursuant to subsection (1) or (2) A of this section, to reflect subsequent transfers of all or any part of the cost of providing a governmental function, in a manner prescribed by law.� The adjustment provided for in this subsection shall be used in determining the expenditure limitation pursuant to subsection (1) or (2) A of this section beginning with the fiscal year immediately following the transfer.

(6) The economic estimates commission shall adjust the amount of expenditures of local revenues in fiscal year 1979-1980, as used to determine the expenditure limitation of a community college district pursuant to subsection (1) of this section, to reflect any subsequent annexation, creation of a new district, consolidation or change in the boundaries of a district, in a manner prescribed by law. The adjustment provided for in this subsection shall be used in determining the expenditure limitation pursuant to subsection (1) of this section beginning with the fiscal year immediately following the annexation, creation of a new district, consolidation or change in the boundaries of a district.

(7) E. The legislature shall establish by law expenditure limitations for each school district beginning with the fiscal year beginning July 1, 1980. Expenditures by a school district in excess of such an expenditure limitation must be approved by a majority of the electors voting on the excess expenditures.

(8) F. The legislature shall establish by law a uniform reporting system for school districts and community college districts to ensure compliance with this section. The legislature shall establish by law sanctions and penalties for failure to comply with this section.END_STATUTE

3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.